(GDPR) — Do You Really Need That Explicit Consent?

Do you really need that explicit consent?

  1. Consent
  2. Contract
  3. Legal Obligation
  4. Vital Interests
  5. Public Task
  6. Legitimate Interests

Is Legitimate Interests a GDPR gift?

  • You need to identify a legitimate interest
  • Deduce that processing is necessary to achieve your interests
  • Balance it against a data subject’s interests, rights and freedom

Some examples of how not to do it and how to do it the right way!

Example #1 — Facebook:

Example #2 — Google:

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Example #3 — Twitter:

Example #4 — Amnesty International UK

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On a final note:

  • If your marketing plan doesn’t use additional data analytics to do profiling, then you can get away with legitimate interests as your lawful basis for processing data under GDPR and a no consent approach or soft opt-in or opt-out procedure as your lawful basis for performing marketing under PECR/e-Privacy Regulation, provided you always give them an option to unsubscribe. Here you must make sure to send only generalised marketing campaigns.
  • If your marketing plan uses profiling, segmentation and dynamic content for re-marketing purposes, then you can still get away with legitimate interests as your lawful basis for processing data under GDPR, provided you have clearly set the expectation during the sign-up process and provide a link to a multi-layered privacy notice.
    Additionally, you will need consent to serve these cookie and ad analytical tools to be compliant under PECR/ e-Privacy Regulation.

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Entrepreneur & Growth Marketing Consultant. More info: aazarshad.com

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Aazar Ali Shad

Aazar Ali Shad

Entrepreneur & Growth Marketing Consultant. More info: aazarshad.com

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